HomeMy WebLinkAboutPZC Minutes 6.17.261
DRAFT
LINCOLN COUNTY
PLANNING AND ZONING COMMISSION MEETING NOTES
Wednesday, June 17th, 2026 6:00 P.M.
Locations: Video Conference between the following locations:
Lincoln County Courthouse, Commissioner Boardroom, 925 Sage Avenue 3rd Floor, Kemmerer,
WY & Afton Planning & Development Office, Conference Room, 61 East 5th Avenue, Afton, WY
I. CALL TO ORDER
Karen Anderson called the meeting to order at 6:00 p.m.
II. INTRODUCTION OF PZC MEMBERS
Planning Commission Members:
Karen Anderson, Chair
Chad Jensen, Vice Chair
Kevin Kilroy
David Oates
George Collins
Lincoln County Staff:
Stephen Allen Chief of Staff
Ken Kuluski, Planning Director
Katie Gipson, Planner I
Sydney Jasperson, Secretary
III. ADOPTION OF AGENDA
Chad moved to change the order of action items I and C. David seconded. Motion passed
5-0.
IV. APPROVAL OF MINUTES
David motioned to approve the minutes, Kevin seconded. Motion passed 5-0
V. DEVELOPMENT REPORT
Katie presented the development report for approved permits from April 27th, 2026, to
May 24th, 2026. There were twenty-two (22) North Lincoln permits, seven (7) small wastewater
permits, and five (5) Zoning and Development Permits. The first is an addition of a liquor store
in Alpine. The second is for Exxon Mobile so they can add trailers to their site. The third is for
Terra Powers concrete batch plant. The fourth is a permit for New Singular Wireless to update an
existing tower, West of Fossil Butte. The last is a permit for Northwest Pipeline to add a building
at their Muddy Stream location.
Chad had questions about the square footage difference between small water water
permits and what that is relevant to. Katie answered that the square footage relates to the leech
field size, which is determined by a PERC test and soil cut.
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Chad had another question about regulating the size of Auxiliary/ accessory buildings.
Ken responded that there are no restrictions to an addition or accessory building as long as the
builder/owner meets the setback and easement requirements.
VI. SKETCH PLANS
A. Minor Subdivision La Pradera, within T33N, R118W, Section 30.
Ken presented the Sketch Plan submitted by Dale and Beth Call, a Minor Subdivision to divide
37.6 acres into 5 residential lots with an average lot size of 7.52 acres, within the Rural Zone. Access
on private subdivision road that will be built, and access off of Grover Narrows, or County Road 130.
Being a Minor Subdivision Application, this allows for individual wells and septic systems that meet
county and state requirements. North of Afton attached see proposed plat.
Mikayla Tingey of Surveyor Scherbels stood for questions. David asked if a specific area was a
ditch or a creek, she responded that it was a ditch and there is a plan in place to redistribute the water
rights.
B. Major Subdivision Etna Meadows, within T35N, R119W, Section 11.
Ken presented the Sketch Plan for the Major Subdivision Application for Etna Meadows. This is a
proposed 145 residential lot subdivision with an average of .5 acres per lot, in the mixed zone, with
water service, engineered septic, and road connectivity North, West and South to County Road 112,
Highway 89 and Haviture Way. Located in T35N, R119W, Section 11. This is a large density project
which prompts Lincoln County to request centralized sewer. In conjunction with a future high density
project there may be cause to require an Impact Study. This property does buffer the Eastside Canal
and the owner/developer will need to extend, develop and provide easements for the canal as part of
the Transportation Plan.
David asked if there is a plan to demolish the existing structures near the west entrance. Ken &
Marlowe Scherbel clarified which road and where the connectivity was. There is a cul-de-sac farther
south that will not be used for connection.
Karen asked about centralized water. Ken clarified that yes, it would have centralized water, but
not centralized sewer. Karen then stated if each lot was serviced by an individual septic that she
would not be in favor of it.
The Board then discussed with Ken cul-de-sacs, connectivity and Green Space for the dense
project, as well as what the Planning and Zoning board could do to help mitigate impact.
Mikayla, representing Modern Development explained that this is already an approved Master
Plan from before 2015, and the new proposed plan will be less dense than originally planned. Open
space is a regulation and all proposed improvements meet the regulations. She addressed the
comment about loop roads, showing that there is a loop road on the preliminary plat. She also
addressed a comment about why Etna was seeing so much development, stating that the
Comprehensive Plan outlines the Etna area as high possibility development areas due to water and
other utility tie ins.
David asked about the buildable space for lot 1. Mikayla responded that the lot has little buildable
space, the solution was to have the HOA retain that lot and erect a sign for the subdivision.
Discussion amongst the Board, with Marlowe, Stephen Allen and Ken about Chapter 23 studies, the
Trout Unlimited Study and other water quality concerns with high density projects.
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VII. ACTION ITEMS
C. 706 MA 26 Sky Ridge Subdivision
a. A Major Subdivision proposal to subdivide 30.96 +/- acres into six lots with an average lot size of 5.16 +/- acres in the Rural Zone. The subdivision road will access from U.S Highway 89.
b. Located less than a mile south of Thayne, Wyoming in T34N, R119W, Section 35.
Ken presented the Major Application to divide 30.96 acres into six (6) residential lots with an
average of 5.16 acres off of Highway 89 with a WyDOT permit. Ken explained the new Fire
Advisory Panel, and the restrictions they have when it comes to approving or disapproving of a
project. The Fire Advisory Panel requested more information from the Planning Office, after
receiving that information they held a vote where approval was decided with one disagreeing
vote. Planning Staff recommends the Planning and Zoning Commission send a letter of approval
to the Board of County Commissioners for file #706 MA 26 Sky Ridge Subdivision with findings
A through C, 1 through 7 and a request to sign the Development Agreement.
Chad expressed concern that there would be backlash from the public if an emergency did
happen and EMS could not navigate safely, stating he would like a clearer response from the Fire
Advisory Panel. Ken responded that the panel cannot permit or prohibit roads. Further discussion
between The Board and Ken about the scope of the Advisory Panel.
David asked if there was any plan for Green Space, Ken responded that there would be more
than the required 15,000 square feet, when the unbuildable space on each lot is accounted for.
Karen asked about the State Engineers letter, and the clause that outlines there is no guarantee
of water. Ken explained that the State Engineers will tell a developer or owner where to put the
well, but there is never any guarantee that there will be water there, and the letter relieves them of
liability if there is not potable water.
Karen brought up a concern about a nearby canal. The Board, Ken and Marlowe all discussed
the canal location.
Marlowe stated the history of the property, and some of the obstacles for development like
road grade and EMS response. He addressed the printed maps and Kevin’s question about not
having 300-foot turns. Marlowe stated that his office applied Mountainous Terrain Rules, but that
the road never exceeds an 8% grade. Marlowe and The Board Discuss the location, road grade,
and buildable area, specifically on lot 4 as an example, and the ‘bump out’ that was requested by
the Fire Advisory Panel, as well as fire suppression systems for the development.
Marlowe addressed the conditions of approval, citing the fire mitigation system, item 7A not
because of the road grade, but because of where the development resides in the forest. Marlowe
mentions the road, and how it is a dead end, with no connectivity and they request it to remain
private. Discussion about neighboring properties fire zones and new language for in the event that
the road becomes public.
Ryan Erickson from sunrise engineering discussed water and wastewater concerns. There is a
number of adequate wells in the area. For wastewater, there is a wellhead protection zone in most
of the subdivision proposed areas which triggers a WDEQ permit requirement. Marlowe and
Ryan discussed with the board the location of the Thayne spring. There was further discussion
about the ‘bump out’ and the Fire Advisory Pannel. More discussion about road grade, snow
storage and general issues that similar developments have faced. Ken and Karen discussed road
connectivity and impact to the school in the area.
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George Collins made comments about previous conversations with EMS, and what happened
from those conversations. Ken responded that those conversations were for the Transportation
Plan for this packet. He explained it was not a forum, and that there was still a duty to move
forward with the project, the Fire Advisory Panel is only advisory, not a judgement panel. Karen
asked if there was any benefit to tabling the issue. Ken responded that there was too little
comment.
Chad motioned that the Planning and Zoning commission send a recommendation of
approval to the board of county commissioners for file #706 MA 26 Sky Ridge Major
Subdivision with findings of approval A through C, and conditions of approval 1 through 7, with
new language for condition 7 D for dedications and easements on the road, and a
recommendation for the Board of County commissioners to sign the Development Agreement.
Seconded by David. Motion passed 3-2.
D. 114 CUP 26 Raver Construction
a. A Conditional Use Permit to continue operating a construction company equipment storage. It is in the proposed Mixed Zone, on .45 +/- acres. b. Located 2.2 miles northwest of the Town of Star Valley Ranch, Wyoming in T35N
R119W Section 14.
Ken presented the Conditional Use permit to bring into compliance a historical commercial
storage. Applicant owns a small construction company and stores materials on the property in
containers. The Conditional Use Permit would cover the existing six 20-foot Connex containers
and two 40-foot Connex containers with some additional space outlined in the diagram for
external storage of equipment drop boxes. Located on two lots for a total of .92 acres in the mixed
zone, it does currently have an office and some employee housing. It does have access directly to
Highway 89. Planning Staff would like to recommend the Planning and Zoning Commission send
a recommendation of approval to the Board of County Commissioners for File 114 CUP 26 Raver
Construction, with findings of approval A through D, and Conditions of approval 1 through 3.
Any substantial changes will require a new permit or void this current permit. Karen asked about
the violation duration and charges. Ken responded that it was only happenstance that he found the
property in violation thus he applied only a one-time violation. The owner/applicant was willing
to comply and go through the permitting process. Further discussion with the Board and Ken
about storage, violations, and zoning. Karen had a question about lighting on the connex
containers, Ken responded that there was none. There was discussion about the aesthetic of the
property, colors and conditions of the containers and the storage. Chad had concerns about the
employee housing aspect of the project, Ken responded that the owner/operator would have to
answer that. There was further discussion about zoning limitations and requirements.
Timothy Raver addressed the board with his history of the property, formerly a feed store,
and how it became a storage facility for his construction business. The storage is only for his use,
he will never be renting them out. He reiterates that he was unaware of the violation and he has
no issue with the permitting process.
Chad called Ken up to address more questions. Chad asked to clarify the use, and how that
corelates to permits. Ken answered that any significant change triggers the re-permitting process.
There was further discussion about how to modify the conditions to specify that there shall be no
renting of the Connex spaces.
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Chad motioned for the Planning and Zoning Commission send a letter of Recommendation of
Approval to the board of County commissioners for file #114 CUP 26 Raver Construction, a
conditional use permit with findings of approval A through D, and conditions of approval 1
through 4, adding condition number 4; ‘property shall not be used for current or future
commercial rental storage units.’. David seconded, motion passed 5 – 0.
E. 115 CUP 26 Fowers Guest Cabins
a. A Conditional Use Permit to continue operating seasonal family guest cabins. It is in
the Rural Zone, on 2 +/- acres. b. Located 3.6 miles south of the Afton, Wyoming in T31N R119W Section 25. Ken presented 115 Conditional Use Permit to bring into compliance the Fower/Thurgood
property so that it may continue to operate as it has been historically. Historically the property has
been used for seasonal family gatherings involving RV’s and campers. The permit is intended to
permit four family guest cabin pads, each cabin pad will be approximately 300 square foot in size
on the two acre lot in the rural zone. The lot has an existing house and guest house, the site will
be serviced from the Greater Smoot Water Sewer District and a cabin pad and septic system that
will need to be approved through WDEQ, the site is accessed directly off State Highway 241.
This property was found in violation because of complaints; there is previous comment from the
representative. This is the max amount allowed in the rural zone, David added that water district
can only apply to one building on the property, not multiples. Ken mentioned that condition of
approval 6 would come into place. Discussion about water and electric being provided to the
pads, and the Chapter 7 definition of RV’s and RV Parks.
Applicant representative Jessica Obrey addressed the board, siting that the land came with a
mobile home, and stating the historical use of the property starting in 2017. The use of the
property is seasonal from May through October. No regular outside visitors, and only one full
family occupancy around the 4th of July. Jessica also added the previous communication with
Lincoln County about the use of the property and the agreements made therein. Don Fowers also
spoke about the noise concerns, using the example of fireworks, stating that it is a rare
occurrence. Discussion between Jessica Obrey and the Board about the conditional use permit,
the conditionals of approval and what sort of uses they are approved for.
Read by Jessica Obrey in place of Dustin Nelson, a neighbor
“ Good evening, my name is Dustin A. Nelson. I won the property that directly adjoins this
parcel at 906 State Highway 241, Afton, Wyoming, 836110. I wanted to speak in support of this
conditional use application. I have observed this property for many year, both before and after
the current owners purchased it. In my opinion, the property is [in] significantly better
condition today than it was previously. The older mobile home that once occupies the property
had fallen into disrepair, whereas the current owners have maintained the property well and
kept it neat and presentable. I have not experiences any problems from their use of their
property. I have not observed sanitation issues, unsafe traffic practices, excessive noise,
damage to neighboring properties or other impacts that have affected my use and enjoyment of
my land. The use has been seasonal and limited, primarily involving family recreational and
occasional gatherings. Based on my first-hand observation as the adjoining landowner, I
believe this use is compatible with the rural character of the area. My support for this permit is
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based on the seasonal family use that has occurred here for years, and not on any future
expansion into more intensive use than what is being proposed today. For those reasons, I
support the approval of the application.
Thank you,
Dustin A. Nelson ”
Further discussion between Jessica and The Board about the specifics of the permits and
verbiage. Connie Day spoke to the board about her concerns, as a neighbor. Her main concerns
were about water usage and sewer/septic viability. Discussion between the board and Ken about
water availability and the possibility of a well.
Mr. Fower spoke about some of the allegations presented by Mrs. Day and addressed the
children’s camp and the shooting. Stating that the ‘camp’ was a visitation of the children’s ward
and the shooting was clay pigeons.
Cindy Larson spoke with the board about septic concerns and water concerns, stating that she
and her son have restrictions on what buildings can have water access.
Karen asked Stephen Allen to address the previous interactions with the Planning Office, he
noted that the land owners were amenable to working with the planning office. Discussion
amongst the board about definitions from chapter 7 and neighbors concerns about safety.
Chad motioned that Planning and Zoning Commission send a letter recommending denial to
the Board of County Commissioners for file #115 CUP 26 because it does not meet current
regulations and is not in the best welfare of the county. Seconded by George. Motion passes 3 -2.
F. 201 MS 26 Suncrest Subdivision
a. A Minor Subdivision proposal to subdivide 40.00 +/- acres into four (4) residential lots with an average lot size of 10 acres +/- in the Rural Zone. The subdivision will access off Tatanka Road which accesses off of Lost Creek CR 120 where it meets Bedford North CR 121.The lots will have individual wells and individual septic
systems that meet current State and County standards.
b. Located 1 mile southeast of the town of Star Valley Ranch, Wyoming in T34N, R118W, Section 9. Ken presented, a minor subdivision to divide 40 acres into four residential lots that will have individual wells and septic’s that meet state and county standards. located 1
mile southeast of the town of star valley ranch. Planning Staff recommends the Planning
and Zoning Commission send a recommendation of approval to the board of county commissioners for file 201 MS 26 Suncrest View, with findings A through C, and conditions of approval 1 through 8. This project also went to the fire advisory panel, and the engineers and received no feedback after 60 days. Chad asked about the existing road,
Ken and the owner answered that it was gravel and had the approved easement.
Discussion amongst the board and Ken about the original plans and the density. Owners, Tony and Laura Keane addressed the board, adding that the roads have been widened and the cul-de-sacs have a 70-foot radius versus the 60-foot radius. Further discussion with the board about the road, including grade, public or private use, and the width. Marlowe
joined the discussion to clarify that the roads will be engineered and up to standard before
being presented to Ken to be presented to the boards. Matt Adams had comments about historical drainage of the property in question, in conjunction with the road construction and easements. The Board and Marlowe addressed
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the historical drainage from storms and now construction and how to mitigate impact on neighbors with a graded road. The owner came back to address the drainage issue, stating
that there had been gravel dams in place to prevent some of the issues.
Karen motioned to send a recommendation of approval to the Board of County Commissioners for file 201 MS 26 Suncrest view, with findings of approval A through C and conditions of approval 1 through 8 with an additional condition of approval point 9, reading ‘ the developer shall provide an engineered water drainage plan to the Lincoln
County Planning and Zoning Office and a recommendation for the Board of Couty
Commissioners to sign the development agreement and to update point 8C following the dedication of roads and easements to the new language. David seconded. Motion carried 5 -0.
G. 202 MS 26 Alpine Valley View 2nd Filing
a. A Minor Subdivision proposal to subdivide 13.26 +/- acres into two (2) residential/commercial lots with an average lot size of 6.63 acres +/- in the Rural Zone. The subdivision will share access off US Highway 89 permit (LN-01C-48811).
The lots will have individual wells and individual septic systems that meet current State and County standards. b. Located 3.1 miles south of Alpine, Wyoming in T36N, R119W, Section 15. Ken presented alpine Valley View, intending to divide 13.26 acres into two residential and
residential/commercial lots with an average lot size of 6.63 acres in the rural zone with individual
wells and enhanced septic’s that meet state and county standards. Located 3.1 miles south of
Alpine. Planning Staff Recommends the Planning and Zoning commission send a
recommendation of approval to the board of county commissioners for file 202 MS 26 Alpine
Valley View third filing, minor subdivision with findings of approval A through C, Conditions of
approval 1 through 6, and a recommendation that the board of county commissioners sign the
development agreement. Discussion with the board, ken and Marlowe about the zoning and what
is allowed in the rural zone. There was additional discussion about noticing and rezones.
Marlowe then spoke about the water wells and septic requirements. Stating that the wells
have protective zones of 200 feet or better, using the printed map he showed where the current
wells were located and the distance between the wells and where septics could be placed.
Chad posed a question about the flammability of the high-density housing and businesses.
Marlowe addressed them recounting the previous incident involving the fire department.
Marlowe brought to attention that the condition of approval have a plat warning that all new
replacement septic systems shall be enhanced, he suggested that a chapter 23 study be required
through condition 6A. he also requested that 6B be stuck, as there is no road only a shared
driveway. Ken, The Board and Marlowe discussed the striking of 6A and 6B.
Public comment from Carly Itiger, the Trail Ridge Property Owner Association President
spoke about the fence line, asking that the 6A condition be left in. discussion amongst the board
about the condition and future planning to protect the surrounding wells.
David motioned to approve file number 202 MS 26 Alpine Valley View third filing, with
findings A through C and conditions 1 through 6 excluding 6B but including 6A. seconded by
Kevin. Motion passed 5-0.
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H. 704 MA Haven Heights
a. A Major Subdivision proposal to subdivide 110 +/- acres into 22 lots with an average lot size of 5 +/- acres in the Rural Zone. The subdivision road is accessed off an
existing subdivision road, Haven Heights Drive.
b. Located 2.5 miles southwest of Afton, Wyoming in T31N, R119W, Section 15. Ken presented 704 MA 26 Haven Heights major subdivision to divide 110 acres into 22 lots
with the average lot size of 5 acres in the rural zone. Accessing off an exiting road Haven Heights
Drive, which does have a loop road. Each lot will have individual wells and septics that meet
state and county standards, located 2.5 miles southwest of Afton. Planning staff recommends the
Planning and Zoning Commission send a letter of recommendation for approval to the board of
county commissioners for file 704 MA 26 Haven Heights Major subdivision with findings of
approval A through C, and conditions 1 through 4 and a recommendation that the board of the
county commissioners sign the development agreement and to strike the statement about future
connectivity. Discussion amongst the board and ken about which conditions to remove and how
to reorganize them. There was another discussion period about the roads and connectivity from
past meetings. Chad and David had questions about the grade of the road, that were discussed
between Ken and the board.
Mikayla addressed the board to ask for changes to the conditions of approval. She asks for a
change in the language to reflect the road remaining private as there is no connectivity for the
public. Asking for 4E to be removed as well as 4B, or to update the language.
Discussion amongst the board about the roads and connectivity.
Engineer Dave Ferringer of Fremont Engineering addressed the board to answer questions
about the road grade (8%).
Discussion amongst the board about which conditions were being removed. David motioned
to approve file 704 MA Haven Heights with findings of approval A through C and Conditions of
approval 1 through 4. With A modified to meet the final plat warnings, B as being the plat
warnings after domestic well installation, and C as the following dedication of road and
easements with the update to current language. Seconded by Chad. Motion passed 5 -0
I. 604 PZ 25 Land Use Regulation Amendment
a. A Proposed Amendment to the Lincoln County Land Use Regulations to modify Land Use Definitions, Subcategories and Table in Chapter 7.1, 7.2, and 7.3 which will address modern requests for land usage and promote a better understanding of the
planning process. Proposal A. Modify language and definitions in Chapter 7.1 Land Use Definitions. Proposal B. Modify Land Use and Small Business Subcategories. Proposal C. Modify Land Use Table 7.3. b. All unincorporated areas within Lincoln County. This project was pulled until two commissioner workshops could be conducted.
VIII. OTHER PLANNING MATTERS
I. Articles provided by Chad to Ken
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ADJOURNEMENT
Karen motioned to adjourn the meeting at 10:30 PM, David seconded. Motion passed 5 – 0.
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The minutes from May 20th, 2026, Planning and Zoning Commission meeting were approved on the
_____ day of _________________, 2026.
_____________________________________ _____________________________________
Chair Dated Director Dated